The Situation
A married couple with one school-age child wanted an agreed divorce. They owned a home together that was already being used as a rental, and one spouse was the sole owner of a small family business that both of them worked in. They had no vehicles to divide, no retirement accounts, and no debts beyond the mortgage, and both waived alimony.
What They Agreed On
The mother is the primary residence parent, with shared parental responsibility. The father has alternating weekends during the school year, and during summer break the schedule changes to a rotating arrangement, with every exchange at a fixed time. The father pays child support by Zelle on a fixed due date and also pays the child's health insurance premium. The agreed support figure was slightly higher than the guideline calculation, and the agreement states both numbers and why the spouses chose the higher one. School costs, activities, camps, and uninsured medical expenses are split evenly, and the mother claims the child for taxes.
The father deeds his interest in the home to the mother. Because a quitclaim deed moves title but does not remove a spouse from the mortgage, the agreement says plainly that the loan stays in both names. The mother keeps the rental income, applies it to the mortgage, and the spouses split any shortfall. The father also transfers his interest in the business to the mother, with a deadline for the paperwork, and the joint personal bank account goes to her as well.
How the Case Moved
The spouses hired the firm, and the first full set of documents followed. Both spouses reviewed the packet and wrote back with questions, and the firm made each correction they asked for. All of the documents were signed before a remote online notary with photo identification checked on each signer. The case was filed 14 days after the spouses hired the firm, on the same day the notarized set came back, under a written venue agreement. The court entered the Final Judgment 4 days after filing, which is 18 days after hire. The judgment dissolved the marriage and ratified both the settlement agreement and the parenting plan, making their terms court orders.
What Slowed It Down
The delays were wording, not disputes. The spouses pointed out that the summer schedule and the exchange times were described two different ways in the parenting plan, and the firm made them match. Residence dates in the jurisdiction affidavit were corrected. The child support worksheet was rebuilt once the child's insurance premium was known. The spouses also asked why the case was filed in a county other than the one where they live, and the firm answered with the venue agreement and added a clause letting either spouse ask to move a later dispute to the county where either of them lives.
What Other Couples Can Take From This
When a couple keeps a rental home and a business in one spouse's name, the paperwork is mostly about timing. A deed, a business transfer, and a bank account change each need a stated deadline, and the agreement is clearer when it says what a quitclaim deed does not do. A parenting plan that describes the same schedule the same way everywhere is also easier for both parents to follow after judgment.
What Slowed This Case Down
- The spouses asked for wording fixes to the summer schedule and exchange times in the parenting plan.
- The child support worksheet was rebuilt after the child's insurance premium was confirmed.
Frequently Asked Questions
What does a quitclaim deed do when one spouse keeps the house in a divorce?
A quitclaim deed transfers one spouse's ownership interest to the other. It does not remove either spouse from the mortgage, because only the lender can release a borrower. Agreements that use a quitclaim deed commonly state that the loan stays in both names and say who pays it and what happens if a payment falls short.
Can a divorce settlement transfer one spouse's interest in a small business to the other?
Yes. The settlement agreement can require the owner spouse to sign an assignment or an amended operating agreement and make any state filing needed, within a fixed period after the Final Judgment. The agreement can also say what happens if either spouse later stops working in the business, so that ownership stays settled.
Can spouses agree to child support that is higher than the guideline amount?
Florida's guidelines produce a presumptive amount, and spouses can agree to a different figure when the agreement states the guideline amount, the agreed amount, and the reason. In this case the agreement recorded both figures and the spouses' statement that the higher amount served the child's needs.
Why was this uncontested divorce filed in a single Florida county under a written venue agreement?
Florida allows spouses to agree in writing on the county where an uncontested case is filed. The firm files agreed cases in one county where they are routinely resolved without a hearing, and both spouses consented to that venue in the settlement agreement. Here the agreement also allowed either spouse to ask to move a later dispute to the county where either of them lives, subject to the court's approval.
About the Author

Antonio G. Jimenez, Esq.
Florida attorney since 2006 · Florida Bar #21022 · LL.M. Trial Advocacy
Antonio is the founder of FloridaDivorce.law and creator of Victoria AI, our AI legal intake specialist. A U.S. Navy veteran and former felony prosecutor, he has handled thousands of family law cases across Florida. He built this firm to deliver efficient, transparent legal services using technology he developed himself.
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